IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25929 of 2009(I)
1. SREELEKHA.K., PUBLIC HEALTH NURSING
... Petitioner
Vs
1. THE DIRECTOR OF HEALTH SERVICE
... Respondent
2. THE DIST. MEDICAL OFFICER OF HEALTH,
3. THE MEDICAL OFFICER IN CHARGE,
4. THE PRINCIPAL, JUNIOR PUBLIC HEALTH
5. THE ACCOUNTANT GENERAL, KERALA,
For Petitioner :SMT.SREEDEVI KYLASANATH
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :17/09/2009
O R D E R
V.GIRI,J.
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W.P ( C) No.25929 of 2009
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Dated this the 17th September,2009
J U D G M E N T
Petitioner is a Public Health Nursing Tutor in the
Health Services Department. She entered service as
Junior Public Health Nurse on advise by the Public
Service Commission on 24.9.1993. But she had rendered
provisional service in the same post originally from
4.7.1986 to 3.7.1987 and thereafter from 7.8.1987 to
23.9.1993, before she was appointed on a regular basis.
As per the orders which were then prevailing provisional
service in the same post with or without break may be
considered for periodic increments and also for time bound
higher grades.
2. A Full Bench of this Court had in State of
Kerala V. Ponnamma [ 2005 (4) KLT 987] held that if
provisional hands joined duty before the cut of date
1.10.94, they would be entitled to increment taking into
account their provisional service, if any, rendered prior to
the said date. The claim made by the petitioner in this
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regard as Ext.P4 is pending before the Director of Health
Services. In the meanwhile, petitioner’s pay was fixed
allegedly in an erroneous manner and recovery was
ordered. It is in the wake of this that writ petition has
been filed.
2. Heard learned counsel for the petitioner and
learned Government Pleader.
3. Since the petitioner’s claim is pending before the
Director of Health Services, the 1st respondent, he shall
take a decision on Ext.P4 after hearing the petitioner within
three months from the date of receipt of a copy of this
judgment. Recovery pursuant to Exts P2, P2(a) and P5
shall be kept in abeyance till orders are passed on Ext.P4.
First respondent shall take into account Ext.P6 also in the
course of taking a decision on Ext.P4.
Writ petition is disposed of as above.
(V.GIRI,JUDGE)
ma
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